• January 23, 2017

    Horizon, TWC Disputes Sketch Post-Spokeo Lines For Privacy

    The Third and Seventh circuits on Friday offered their conflicting takes on whether a claimed statutory privacy violation is enough to establish standing under the U.S. Supreme Court's Spokeo ruling, highlighting a potentially more welcoming atmosphere in the Third Circuit and placing a significant emphasis on exactly how a plaintiff's privacy rights were allegedly violated.

  • January 23, 2017

    Spokeo User Says 9th Circ. Ruling Gives Him FCRA Standing

    The consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act on Monday directed the Ninth Circuit’s attention to a pair of recent appellate court decisions, including one by the Ninth Circuit, which he says confirms his own standing to sue.

  • January 23, 2017

    Hospital, Doctors Can't Shake Claims In Negligence Action

    A Pennsylvania federal judge held Monday that the operator of Pottstown Memorial Medical Center and two doctors can’t escape a number of claims in negligence litigation brought by the estate of a man who died less than 24 hours after his discharge.

  • January 23, 2017

    Pa. Nursing Home Sued Over Dropping Of Elderly Patient

    A Pennsylvania nursing home was hit on Monday with a medical negligence and wrongful death suit filed in federal court that accuses the home's nursing assistants of dropping an elderly patient during a chair-to-bed transfer, which purportedly caused her death.

  • January 23, 2017

    Primary Opponent Wants Philly DA's Law License Suspended

    A former assistant U.S. attorney who is challenging Philadelphia District Attorney Seth Williams in this year’s Democratic primary Monday asked the state’s Supreme Court to consider suspending his rival’s law license over his admitted failure to report income and gifts.

  • January 23, 2017

    NOVA Bank Board Chairman Gets 11 Months For TARP Fraud

    A Pennsylvania federal judge on Monday sentenced the former board chairman of now-defunct NOVA Bank to 11 months in prison for devising a circular lending scheme in a failed effort to deceive regulators into investing in the bank under the Troubled Asset Relief Program.

  • January 23, 2017

    Uber Pushes Pa. Appeals Court To Nix $11.4M Fine

    Uber Inc. urged a Pennsylvania appeals court to throw out an $11.4 million fine the state’s Public Utility Commission slapped on the ride-sharing company in April for operating without proper licensure.

  • January 23, 2017

    Ex-Harrisburg Mayor Cops To Receiving Stolen City Artifacts

    Stephen Reed, the former mayor of Pennsylvania’s capital city, short-circuited the criminal trial he was set to begin facing Monday as he agreed to plead guilty on charges that he stole a set of artifacts that the city had purchased for a never-realized museum.

  • January 23, 2017

    Cozen O'Connor Atty Named Associate White House Counsel

    A Cozen O’Connor partner who had served as the top lawyer for former Pennsylvania Gov. Tom Corbett is heading to Washington, D.C., to serve as associate White House counsel and a special assistant to President Donald Trump, the firm announced Monday.

  • January 20, 2017

    FCRA Violation Props Up Horizon Breach Row, 3rd Circ. Says

    The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing. 

  • January 20, 2017

    NFLPA Wants Player's Drug Suspension Suit Moved To NY

    The NFL Players Association asked an Ohio federal court on Thursday to send to New York a case against it and the NFL by Philadelphia Eagles right tackle Lane Johnson alleging he was denied due process under the collective bargaining agreement in being subjected to a 10-game drug policy suspension.

  • January 20, 2017

    Split Pa. High Court Delays End To Local Casino Tax Shares

    Over a stern dissent from Justice David Wecht, the Pennsylvania Supreme Court on Friday agreed to give state lawmakers an extension on their efforts to craft a solution after a decision concluding that a two-tiered system for taxing casinos to fund host municipalities violated constitutional requirements for uniform taxation.

  • January 20, 2017

    Retailers Back Challenge To Del. Property Audits At 3rd Circ.

    The National Retail Federation on Thursday backed Marathon Petroleum’s appeal of the dismissal of its challenge to a Delaware law that allows the state to carry out business audits in search of seizable abandoned property, including prepaid gift cards, telling the Third Circuit it's clear the state is abusing the audit process.

  • January 20, 2017

    Pa. Court Won't Nix $3M Verdict Over Late Cancer Diagnosis

    A Pennsylvania appeals court on Friday affirmed a $3 million jury verdict in a medical malpractice suit accusing doctors of causing a four-year delay in a lung cancer diagnosis, saying a trial judge didn't err by excluding evidence regarding the patient's history of smoking and depression.

  • January 20, 2017

    Insurer's Baseless Denial Is Bad Faith, Pa. Justices Told

    The estate of a woman who sued Conseco Health Insurance Co. over its handling of her cancer insurance claim told Pennsylvania's high court Thursday that its unreasonable denial of policy benefits sufficiently supports a bad faith claim, saying a separate finding of ill will or self-interest on the carrier's part is not required.

  • January 20, 2017

    Blank Rome Adds 2 Energy Partners in Pittsburgh

    Blank Rome LLP has announced the addition of two new partners in its energy, environment and mass torts practice group, both of whom joined from Norton Rose Fulbright.

  • January 20, 2017

    Pa. Politician To Face Trial On Vote-Buying Charges

    A Pennsylvania federal judge on Friday denied a state senator’s bid to have a vote-buying indictment dismissed, paving the way for a trial to begin Monday.

  • January 20, 2017

    FirstEnergy Unloads 4 Pa. Plants In Nearly $1B Deal

    FirstEnergy Corp. said Thursday it will sell four natural gas generating plants in Pennsylvania and a portion of a Virginia hydroelectric power station to a unit of power developer LS Power for approximately $925 million in an all-cash transaction.

  • January 20, 2017

    Debt Collector AllianceOne Can’t Duck Deception Claims

    A Pennsylvania federal judge rejected arguments Thursday that purportedly misleading claims in a debt collection letter sent by AllianceOne had not caused a concrete and particularized enough injury to support class claims leveled under the Fair Debt Collection Practices Act.

  • January 20, 2017

    Lauletta Birnbaum Adds 2 Attys To New Philly Office

    New Jersey-based Lauletta Birnbaum LLC announced on Friday that it is complementing its recent expansion across the Delaware River into Philadelphia with a land use attorney and a commercial litigator joining the firm from Elliott Greenleaf and Meredith & Narine LLC.

Expert Analysis

  • Starting Over: Policy Rescission In New York Vs. The UK

    Jeffrey S. Weinstein

    The question of what circumstances allow an insurer to rescind a policy based on misrepresented information has been addressed recently in both New York and the United Kingdom. The New York approach is generally simpler than the U.K.'s, but in one situation, U.K. law may be more favorable toward insurers, say Jeffrey Weinstein and Kelly Cheverko of Mound Cotton Wollan & Greengrass LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.